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Surya Kant Casts Judicial Review as Democracy’s Heartbeat, Defends Collegium in Sri Lanka Address

He framed judicial independence as the safeguard of a living Constitution by tying long-standing doctrines to recent victim-centric interventions.

Overview

  • Speaking at the Supreme Court of Sri Lanka, the seniormost Indian judge outlined his vision in a lecture titled “The Living Constitution: How the Indian Judiciary Shapes and Safeguards Constitutionalism.”
  • He said separation of powers forms the architecture of India’s constitutional order while judicial review functions as its heartbeat under Articles 32 and 226.
  • He argued the collegium system substantially preserves judicial autonomy, pointing to the judiciary’s leading role in appointments to the Supreme Court and High Courts.
  • He cited case examples—including Tata Steel v. Atma Tube Products, references in the Lakhimpur Kheri matter, and his order for a probe into alleged Assam fake encounter killings—to illustrate expansion of victims’ rights.
  • He stressed that courts draw authority from public trust grounded in fairness and restraint, and he urged continued dialogue between the Indian and Sri Lankan judiciaries.